our ref: 01 · 2019-11-13 · our ref: 01.08.10.04/462c variation of consent under section 36c of...

Our ref: 01.08.10.04/462C

VARIATION OF CONSENT UNDER SECTION 36C OF THE ELECTRICITY

ACT 1989 CONSTRUCTION AND OPERATION OF A COMBINED CYCLE GAS

FIRED TURBINE ELECTRICITY GENERATING STATION OF UP TO 1250 MW

AT THE MANORWAY, STANFORD-LE-HOPE, ESSEX

COMPRISING EITHER:

(i) UP TO TWO COMBINED CYCLE GAS TURBINE UNIT (S) OR

(ii) ONE COMBINED CYCLE GAS TURBINE UNIT WITH OPEN CYCLE

GAS TURBINE UNIT(S) OF LESS THAN 300MW

The Secretary of State in exercise of the powers conferred on him by section 36C of

the Electricity Act 1989 hereby varies the consent granted for the combined cycle gas

turbine gas fired electricity generating station at The Manorway, Stanford-le-Hope in

the County of Essex in accordance with the variations shown in italic text in the

Annex.

November 2014[Insert date of variation consent] Giles Scott

Head of National Infrastructure Consents

Department of Energy and Climate Change

DEPARTMENT OF ENERGY AND CLIMATE CHANGE

CONSTRUCTION AND OPERATION OF A COMBINED CYCLE GAS

TURBINE FIRED ELECTRICITY GENERATING STATION OF UP TO 1250 MW

AT THE MANORWAY,

STANFORD-LE-HOPE, ESSEX

COMPRISING EITHER:



GAS TURBINE UNIT(S) OF LESS THAN 300 MW

CONSENT UNDER SECTION 36 OF THE ELECTRICITY ACT 1989

1. Pursuant to section 36 of the Electricity Act 1989 the Secretary of State for

Energy and Climate Change (“the Secretary of State”) hereby consents to the

construction, on the area of land outlined red on FIGURE 63114-PBP-0025, attached

hereto, of a combined cycle gas turbine gas fired electricity generating station at The

Manorway, Stanford-le-Hope in the County of Essex (“the Development”), and to the

operation of that generating station. This consent is granted to Gateway Energy

Centre Limited, its assigns and successors (“the Company”).

2. The Development shall be about 1 900 MW up to 1250 MW capacity and

comprise:

(a) Either:

(i) One or more Up to two Combined Cycle Gas Turbine (“CCGT”) units (including for each CCGT unit: a gas turbine; a heat recovery steam generator; steam turbine plant; and, associated equipment); or,

(ii) One up to two (1) One CCGT unit (including: a gas turbine; a heat recovery steam generator; steam turbine plant; and associated equipment), and (2) one or more Open Cycle Gas Turbine (“OCGT”) units with the OCGT units having a combined rated electrical output of less than 300 MW2 (including for each OCGT unit: a gas turbine; and, associated equipment);

(a) one or more gas turbines;

(b) one or more steam turbines;

(c) one or more heat recovery steam generators;

(bd) air cooled condensers and auxiliary cooling;

1 A tolerance of up to 5% is permitted

2 300MW refers to the OCGT(s) not the CCGT and the OCGT(s)

(ce) gas receiving facility;

(df) one or more electrical switchyards;

(eg) ancillary plant and equipment; and

(fg) the necessary buildings (including administration offices) and civil

engineering works.

3. The Development shall be designed so as to have the capability for extracting

steam from the electricity generating cycle.

4. This consent is granted subject to the following conditions:

(1) The Development shall be constructed and operated in accordance with the

details contained in paragraph 2 of this consent and the application dated

26 February 2010 as varied by the application dated 12 August 2014 and

25 February 2016, subject to any minor changes which may be approved

by the LPA pursuant to the requirements of deemed planning permission.

(2) The commencement of the Development shall not be later than five years

from the date of this consent4 August 2011 [insert the date of the variation

consent], or such longer period as the Secretary of State may hereafter

direct in writing.

(3) The following definitions apply for the purposes of Conditions (4) to (10):

(a) “capture equipment” means the plant and equipment required to

capture the target carbon dioxide and identified as such in the

current CCS proposal;

(b) “CCS proposal” means a proposal for the capture, transport and

storage of the target carbon dioxide, which identifies the

proposed technology, transport route and storage location;

(c) “current CCS proposal” means:

(i) the CCS proposal set out in the Feasibility Study and

assessed in accordance with the guidance entitled

“Carbon Capture Readiness (CCR) A guidance note for

Section 36 Electricity Act 1989 consent applications3;

or

(ii) if a revised CCS proposal has been identified under

3

http://www.decc.gov.uk/Media/viewfile.ashx?FilePath=What%20we%20do\UK%20energy%20supply\Development%20consents%20and%20planning%20reform\electricity\1_20091106164611_e_@@_ccrguidance.pdf&filetype=4

Condition (9), the proposal which has most recently

been so identified;

(d) “designated site” means the land hatched yellow on FIGURE 3-

B, annexed hereto, as the area where the Company proposes to

locate the capture equipment;

(e) “Feasibility Study” means the documents entitled Gateway

Energy Centre CCR Feasibility Study and dated February 2010,

the Gateway Energy Centre Updated CCR Feasibility Study

dated July 2014, and the Assessment of the CCR Compliance of

the Proposed Gateway Energy Centre Report dated July 2014;

(f) “target carbon dioxide” means as much carbon dioxide emitted

by the Development when it is operating at full capacity as it is

reasonably practicable to capture for the purposes of permanent

storage, having regard to the state of the art in carbon capture and

storage technology; and

(g) “the report” means the report to be submitted in accordance with

Condition (5).

(4) Until such time as the Development is decommissioned, the Company

shall not, without the written consent of the Secretary of State:

(a) dispose of any interest in the designated site; or

(b) except for use as a laydown area during the construction of the

Development and ending at the commissioning of the

Development, do any other thing or allow any other thing to be

done or to occur, which may reasonably be expected to diminish

the Company’s ability, within two years of such occurrence, to

prepare the designated site for the installation and operation of

the capture equipment.

(5) The Company shall make a report to the Secretary of State:

(a) on or before the date on which three months have passed from

the commissioning of the Development; and

(b) within one month of the second anniversary, and each subsequent

even-numbered anniversary, of that date.

(6) The report shall provide evidence that the Company has complied with

Condition (4):

(a) in the case of the first report, since this consent was granted; and

(b) in the case of any subsequent report, since the making of the

previous report and explain how the Company expects to

continue to comply with Condition (4) over the next two years.

(7) The report shall state whether the Company considers that some or all of

the technology referred to in the current CCS proposals will not work, and

explain the reasons for any such conclusion.

(8) The report shall identify any other impediment of which the Company is

aware, as a result of which it considers that any aspect of what is proposed

in the current CCS proposals is likely or certain not to be technically

feasible.

(9) Reports which identify such an impediment shall state, with reasons,

whether the Company considers it technically feasible to overcome the

impediment (referred to in Condition 4(8) above) by adopting revised CCS

proposals, and, if so, include such proposals.

(10) The report shall state, with reasons, whether the Company has decided to

seek any additional regulatory clearances, or to modify any existing

regulatory clearances, in respect of its current CCS proposals in the period

referred to in Condition (6)(a) or (b), as appropriate.

(11) Conditions (3) to (10) shall cease to have effect as soon as any of the

following events occurs:

(a) the capture equipment is installed; or

(b) the Development is decommissioned; or

(c) the Secretary of State’s consent not to install capture equipment

has been obtained in writing the Secretary of State’s consent not

to install capture equipment has been obtained in writing.

DIRECTION UNDER SECTION 90(2ZA) OF THE TOWN AND COUNTRY

PLANNING ACT 1990 TO VARY THE CONDITIONS OF THE DEEMED

PLANNING PERMISSION CONSTRUCTION AND OPERATION OF A

COMBINED CYCLE GAS FIREDTURBINE ELECTRICITY GENERATING

STATION OF UP TO 1250MW AT THE MANORWAY, STANFORD-LE-HOPE,

ESSEX

COMPRISING EITHER:




The Secretary of State in exercise of the powers conferred on him by section 90(2ZA)

(a) and (b) of the Town and Country Planning Act 1990 hereby directs that the

conditions subject to which the planning permission for the combined cycle gas

turbine gas fired electricity generating station at The Manorway, Stanford-le-Hope,

Essex was deemed to be granted be subject to the variations shown in in italic text in

the Annex.

November 2014 [Insert the date of the variation consent]

Giles Scott

Head of National Infrastructure Consents

Department of Energy and Climate Change

DIRECTION TO DEEM PLANNING PERMISSION TO BE GRANTED UNDER

SECTION 90 OF THE TOWN AND COUNTRY PLANNING ACT 1990

CONSTRUCTION AND OPERATION OF A 900MW COMBINED CYCLE GAS

TURBINE FIRED ELECTRICITY GENERATING STATION OF UP TO 1250 MW

AT THE MANORWAY,

STANFORD-LE-HOPE, ESSEX

COMPRISING EITHER:




5. The Secretary of State in exercise of the powers conferred on him by section

90(2) of the Town and Country Planning Act 1990 hereby directs that planning

permission for the Development be deemed to be granted subject to the following

conditions:

Definitions

(1) In these Conditions unless the context otherwise requires –

"BS 4142 1997" means British Standard 4142: 1997 - Method for

rating industrial noise affecting mixed residential and industrial

areas;

"Bank Holiday" means a day that is, or is to be observed as, a Bank

Holiday or a holiday under the Banking and Financial Dealings Act

1971;

“CEEQUAL” means the assessment and awards scheme for

improving sustainability in civil engineering and the public realm

(http://www.ceequal.co.uk/index.html);

“CHPQA Standard issue 3” means the CHPQA Standard

document issued in January 2009 which sets out the definitions,

criteria and methodologies for the operation of the UK’s CHP

Quality Assurance (CHPQA) programme;

“the commencement of the Development” means the date on which

work on the Development agreed with the LPA shall be taken to be

begun initiatedin accordance with section 56 of the Town and

Country Planning Act 1990, as amended;

"the commissioning of the Development" means the date on which,

following completion of the testing of the Development, the

Development first supplies electricity on a commercial basis;

http://www.ceequal.co.uk/index.html

"the Company" means Gateway Energy Centre Limited and its

assigns and successors;

“the Development” means a gas fired electricity generating station

of the 900 MW up to 1250 MW combined and open cycle gas

turbine generating station atLondon Gateway The Manorway,

Stanford-le-Hope, Essex, comprising either;

(i) Up to two combined cycle gas turbine (“CCGT”) unit(s) or;

(including for each CCGT unit: a gas turbine; a heat

recovery steam generator; steam turbine plant; and,

associated equipment); or:

(ii) (1) One CCGT unit (including: a gas turbine; a heat recovery steam generator; steam turbine plant; and associated equipment), and

(2) one or more Open Cycle Gas Turbine (“OCGT”) units with the OCGT units having a combined total rated output of less than 300 MW (including: a gas turbine; and, associated equipment);

"emergency" means circumstances in which there is reasonable

cause for apprehending imminent injury to persons, serious damage

to property or danger of serious pollution to the environment;

“Environment Agency” means the Environment Agency and its

successors;

"heavy commercial vehicle" has the meaning given by section 138

of the Road Traffic Regulation Act 1984;

“Highways England”Agency” means the Executive Agency of the

Department for Transport responsible for operating, maintaining

and improving the strategic road network in England and its

successors;

“the LPA” means Thurrock Council and/or Thurrock Thames

Gateway Development Corporation, as applicable, and their

successors;

"the main Development" means the construction work

commencing with the placing of the first concrete for the main

plant foundations of the Development;

“Natural England” means Natural England and its successors;

“operating weight” in relation to a goods vehicle has the meaning

given by section 138 of the Road Traffic Act 1984;

“outage” means major maintenance, modification and

rehabilitation programmes which involve the delivery and/or

removal of material to and from the Site;

“Permitted Preliminary Works” means:

(i) erection of signage;

(ii) installation and diversion of utility services within the

Site;

(iii) surveys and geotechnical surveys;

(iv) decontamination measures approved pursuant to

Condition (45);

(v) temporary fencing of the Site;

(vi) provision of wheel cleansing facilities required pursuant

to Condition (4);

(vii) construction of a new access road;

(viii) preparation of contractors’ laydown area(s) within the

Site;

(ix) installation of contractors’ accommodation within the

Site; and

(x) provision for temporary contractors’ facilities necessary

for (i) to (ixi) above within the Site;

"the Site" means the area of land outlined red on FIGURE 63114-

PBP-0025, annexed hereto; and.

“SuDS” means a sustainable drainage system comprising all

treatment and drainage systems including any pipework, swales,

reed beds, ponds, filter trenches, attenuation tanks and detention

basins.

The Site

(2) The construction of the Development shall only take place within

the Site.

Reason: To ensure that no construction takes place beyond the

boundary of the area which is the subject of this planning

permission.

Time Limits

(3) The commencement of the Development shall take place before the

expiry of five years from the4 August 2011 [insert date of

Variation]

Reason: To ensure that there is sufficient time to allow the person

with the benefit of the consent to undertake all necessary strike a

balance between the time it may take to put in place the necessary

pre-commencement construction measures required, including

forexample– participating in capacity auction, tendering, obtaining

the necessary financing, design of the proposal (including its layout

and main plant foundations); and minimising the impact of any

period of uncertainty for those who may be affected pending the

decision to begin construction works.

Suppression of Dust and Dirt

(4) Except for the Permitted Preliminary Works, the commencement of

any phase of the Development shall not take place until there has

been submitted to, approved in writing by, and deposited with the

LPA a scheme for the provision of wheel cleansing facilities for

heavy commercial vehicles and any mobile plant which has an

operating weight exceeding three tonnes. Such approved facilities

shall be installed in accordance with a timescale to be approved in

writing by the LPA and shall be maintained throughout the period

of the construction of the Development except in so far as any

variation of the scheme has been approved in writing by the LPA.

(5) All heavy commercial vehicles and any mobile plant which has an

operating weight exceeding three tonnes associated with the

construction of the Development leaving the Site, other than those

vehicles exclusively using tarmacadam or concrete roads, shall on

each occasion, prior to leaving, pass through the wheel cleansing

facilities provided pursuant to Condition (4).


the Development shall not take place until there has been submitted

to, approved in writing by, and deposited with the LPA a scheme

employing all reasonable measures for the suppression of dust

during the period of the construction of the Development.

The measures approved in the scheme shall be employed

throughout the period of construction except in so far as any

variation to it has been approved in writing by the LPA.

(7) All open bodied heavy commercial vehicles carrying dry loose

aggregate, cement or soil into and/or out of the Site shall be

sheeted.

Reason: To ensure that mud and deleterious material is not

deposited on the public highway.

Layout and Design

(8) Except for the Permitted Preliminary Works, the commencement

of the Development shall not take place until there has been

submitted to, approved in writing by, and deposited with the LPA

a scheme which shall include provisions for:

(i) details of the siting, design, external appearance and

dimensions of all new or modified buildings and

structures which are to be retained following the

commissioning of the Development;

(ii) details of the colour, materials and surface finishes in

respect of those buildings and structures referred to in (i)

above;

(iii) details of vehicular circulation roads, parking,

hardstandings, turning facilities and loading and

unloading facilities on the Site;

(iv) details of ground levels and heights of all permanent

buildings and structures together with cross-sections

through the Site showing existing and proposed ground

levels;

(v) details of all new or modified permanent fencing and

gates required on the Site;

(vi) details of artificial lighting required during the operation

of the Development; and

(vii) phasing of works included in the scheme.

(9) The scheme approved pursuant to Condition (8) shall follow the

principles set out within section 3 of the document entitled

“Gateway Energy Centre Environmental Statement Revised Design

and Access Statement December 2010”.

(10) Notwithstanding any details approved by the LPA pursuant to

Condition (8), and subject to due consideration of cost,

constructability and safe maintenance and operation at the detailed

design stage, the Development shall be constructed to achieve a

CEEQUAL rating of “very good”, or such standards that may

replace CEEQUAL in whole or in part prior to the commencement

of the Development providing that such changes are no more

onerous on the costs of constructing the Development.

(11) The use of columns for artificial lighting shall not exceed the

obtrusive light limitations of sky glow, light into windows, source

intensity and building luminance specified in the Institution of

Lighting Engineers document “Guidance Notes for the Reduction

of Obtrusive Light: GNO1 2005”, nor shall such lighting be

arranged so that danger or inconvenience is caused to users of the

nearby public highways.

(12) The Development shall proceed only in accordance with the

scheme approved pursuant to Condition (8) except in so far as any

variation to it has been approved in writing by the LPA.

Reasons: Condition (8) is to enable the Council to exercise

reasonable and proper control over the design and appearance of

the Development. Condition (9) is for the Development to be

designed to a high standard and blend in with neighbouring

developments. Condition (10) is ensure that the environmental

sustainability of the development is maximised. Condition (11) is

to reduce light pollution and disturbance to ecological interests and

highway safety.

Travel Plan

(13) The commencement of the Development shall not take place until a

Travel Plan has been submitted to and approved in writing by the

LPA. Such Plan shall include the following provisions:

(i) provisions for pedestrian and cycle access to the Site;

(ii) the planning of working practice to minimise peak travel

flows;

(iii) the appointment of a co-ordinator responsible for the

implementation and review of the Travel Plan;

(iv) discussions with a public transport provider for the

provision of public transport to and from the Site during

the construction of the Development and during outages;

(v) travel arrangements for persons employed during the

construction of the Development and during outages;

(vi) the Travel Plan to be reviewed on a monthly basis during

construction and on an annual basis during operation,

unless otherwise agreed in writing with the LPA;

(vii) any amendments to the Travel Plan (whether or not

following a periodic review pursuant to (vi) above) shall

not be implemented without the written agreement of the

LPA;

(viii) details of incentives to personnel to encourage them to

reduce the use of single occupancy cars as the means of

getting to and from the Site during the construction of the

Development and during outages; and

(ix) details of how on-Site parking will be managed and

monitored during the construction of the Development

and during outages.

The approved Travel Plan shall be implemented when personnel are first

on Site and shall remain in force throughout the period of the operation of

the development or any earlier period as may be approved in writing by

the LPA.

Reason: To encourage the use of sustainable transport methods.

Monitoring of Traffic Movements


the Development shall not take place until a scheme for monitoring

and reporting vehicular traffic movements associated with the

construction and operation of the Development and any outages,

has been submitted to and approved in writing by the LPA, in

consultation with the Highways England Agency and Local

Highways Authority. The approved scheme shall include the

details and measures identified in the document entitled “Gateway

Energy Centre Transport Report December 2010” and “Gateway

Energy Centre Transport Report Addendum January 2016”, and be

adhered to throughout the period of the construction and operation

of the Development and any outages, any variation has been

approved in writing by the LPA, in consultation with the Highways

England Agency and the Local Highways Authority.

Reason: To encourage the use of sustainable transport methods.

Use of Water for the Delivery of Materials and Plant

(15) Except for the Permitted Preliminary Works, the construction of

the Development shall not take place until the Company has carried

out an investigation as to whether direct or near direct access to the

River Thames can be utilised for the transportation of materials and

plant (such as bulk loose cement and aggregates, and abnormal and

indivisible loads) associated with the construction and

decommissioning of the Development. The results of the

investigation shall be submitted to, approved in writing by, and

deposited with the LPA.

(16) In the event that the results of the investigation approved pursuant

to Condition (15) conclude that it is viable and economic, then the

material and plant indentified shall be not be transported to the Site

via public roads, unless otherwise agreed in writing by the LPA, in

consultation with the Highways EnglandAgency

Reason: To alleviate the impact of heavy commercial traffic on the

arterial and local road networks if transportation by water is a

viable option.

Use of Rail for the Delivery of Materials and Plant

(17) Except for the Permitted Preliminary Works, the construction of

the Development shall not take place until the Company has carried

out an investigation as to whether the rail network can be utilised

or the transportation of materials and plant (such as bulk loose

cement, aggregates and steel) associated with the construction and

decommissioning of the Development. The results of the

investigation shall be submitted to, approved in writing by, and

deposited with the LPA.

(18) In the event that the results of the investigation approved pursuant

to Condition (17) concludes that it is viable and economic, then the

material and plant indentified shall be not be transported to the Site

via public roads, unless otherwise agreed in writing by the LPA, in

consultation with the Highways EnglandAgency.

Reason: To alleviate the impact of heavy commercial traffic on the

arterial and local road networks if transportation via the rail

network is a viable option.

Construction and Outage Heavy Commercial Vehicle Traffic

(19)

(20) No heavy commercial vehicle traffic shall enter or leave the Site on

any Saturday during December and the first week in January.

(21) Without prejudice to the restrictions specified in Conditions(19)

and (20) no heavy commercial vehicles associated with the

construction of the Development or an outage shall enter or leave

the Site on any Sunday or Bank Holiday or on any other day except

between the following hours:

Monday to Saturday 1000 – 1600

unless such movement:

(a) is associated with an emergency; or

(b) entering the Site originates in the administrative area of the

LPA; or

(c) leaving the Site has its final destination in the administrative

area of the LPA; or

(d) is with the prior written approval of the LPA; or

(d) is an abnormal or indivisible load authorised by the Highways

England Agency pursuant to the Road Vehicles

(Authorisation of Special Types) (General) Order 2003.

.

(22) Without prejudice to the restrictions specified in Conditions (19),

(20) and (21) no traffic associated with the construction of the

Development or an outage shall enter or leave the Site on any

Sunday or Bank Holiday or on any other day during the following

hours:

Monday to Friday 0700 – 0900 and 1700 - 1800

Saturday 0700 – 0800 and 1700 - 1800

unless such movement:


(b) entering the Site originates in the administrative area of

the LPA; or

(c) leaving the Site has its final destination in the administrative

area of the LPA; or

(d) is with the prior written approval of the LPA.


the Development shall not take place until a Transport

Management Plan has been submitted to, approved in writing by,

and deposited with the LPA, in consultation with the Highways

England Agency and the Local Highways Authority. The approved

plan shall include the measures detailed in section 14 of the

document entitled “Gateway Energy Centre Transport Report

December 2010” and “Gateway Energy Centre Transport Report

Addendum January 2016” be adhered to throughout the period of

the construction of the Development and any outage until such time

as the Development is decommissioned, except in so far as any

variation to the plan has been approved in writing by the LPA, in

consultation with the Highways EnglandAgency and the Local

Highways Authority.


the Development shall not take place until a scheme detailing the

route(s) which traffic would take to and from the Site has been

submitted to, approved in writing by, and deposited with the LPA,

in consultation with the Highways EnglandAgency and the Local

Highways Authority. The approved scheme shall include provision

for notices of any route(s) approved to be displayed at the Site

entrance and exit and notified to drivers. The approved scheme

shall be adhered to throughout the period of the construction of the

Development and any outage until such time as the Development is

decommissioned, except in so far as any variation to the scheme

has been approved in writing by the LPA, in consultation with the

Highways EnglandAgency and the Local Highways Authority or

the traffic movement originates in the administrative area of the

LPA.

(24A) Where the words ‘is with the prior written approval of the LPA’

appear in Conditions (21) and (22), such approval may only be

given in relation to immaterial changes where it has been

demonstrated to the satisfaction of the LPA that the approval is

unlikely to give rise to any materially new or materially different

effects from traffic entering or leaving the site on the days and

hours specified in those Conditions.

Reason: To ensure the safe and efficient use of the strategic road

network and local roads.

Construction and Construction Noise



to, approved in writing by, and deposited with the LPA a

Construction Environmental Management Plan. The Construction

Environmental Management Plan shall include details of how

noise, airborne pollutants, vibration, smoke, and odour from

construction work will be controlled and mitigated. The

Construction Environmental Management Plan will utilise the

Considerate Constructors Scheme

(www.considerateconstructorsscheme.org.uk). The construction of

the Development shall be completed in accordance with the

approved Plan except in so far as any variation to the plan has been

approved in writing by the LPA.

(26) No construction work associated with the Development shall take

place on the Site on any Sunday or Bank Holiday, or on any other

day except between the following hours:

Monday to Saturday 0700 – 1900

unless such work –

(a) is associated with an emergency;

(b) is carried out with the prior written approval of the LPA; or

../../../AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/5ARQT3Y0/www.considerateconstructorsscheme.org.uk

(c) such work does not cause existing ambient background

noise levels to be exceeded.

(27) Without prejudice to the restriction specified in Condition (26) no

impact piling shall take place on the Site on any Sunday or Bank

Holiday or on any other day except between the following hours:

Monday to Friday 09.00 – 18.00

Saturday 09.00 – 13.00

unless such work –


(b) is carried out with the prior written approval of the LPA.

(28) In any instance where a time limitation referred to in Conditions

(26) and (27) is not adhered to, the Company shall as soon as

possible notify the LPA and follow up the notification with a

written statement detailing the nature of the emergency and the

reason why the time limitation could not be observed.

(29) All activities associated with the construction of the Development

shall be carried out in accordance with British Standard 5228, 2009

+ A1 2014: Code of practice for noise and vibration control on

construction and open sites – Part 1 – Noise, Part 2 - Vibration.

(29A) Where the words ‘is carried out with the prior written approval of

the LPA’ appear in Conditions (26) and (27), such approval may

only be given in relation to immaterial changes where it has been

demonstrated to the satisfaction of the LPA that the approval is


effects from work undertaken on the days and hours specified in

those Conditions.

Reason: To ensure reasonable and proper control to be exercised

over the methods of construction of the Development.

Operational Noise

(30) The commissioning of the Development shall not take place until

there has been submitted to, approved in writing by, and deposited

with the LPA a programme for the monitoring and control of noise

generated by the normal commercial operation of the

Development. The programme shall specify the locations from

which noise will be monitored, the method of noise measurement

(which shall be in accordance with BS 4142 1997) and the

maximum permissible levels of noise at each such monitoring

location. The programme shall make provision for such noise

measurements to be taken by the Company as soon as possible

following requests by the LPA and such measurements shall be

given to the LPA as soon as they are available. At the approved

measurement locations noise levels during the operation of the

Development shall not exceed the levels specified in the approved

programme, except in so far as any variation has been approved in

writing by the LPA or in an emergency. Such noise shall exhibit no

tonal or impulse content at these locations in any weather

conditions.

(31) In any instance where a noise level approved pursuant to Condition

(30) is exceeded because of an emergency the Company shall as

soon as possible, and in any case within two working days, provide

the LPA with a written statement detailing the nature of the

emergency and the reason why the noise level could not be

observed. If the emergency period is expected to be for more than

twenty-four hours then the Company shall inform those residents

and businesses affected by the emergency of the reasons for the

emergency and the expected duration.

(32) Except in an emergency, the Company shall give at least 24 hours

prior notice in writing to the LPA of any proposed operation of

emergency pressure relief valves or similar equipment. So far as is

reasonably practicable any such operation should take place

between the hours of 09.00 and 17.00 hours and on a day other

than a Saturday, Sunday, Bank Holiday or public holiday.

Reason: To ensure the proper control of noise during the operation

of the Development.

Noise Complaints Procedure

(33) If a local resident or local business complains direct to the

Company or the Company has been notified in writing by the LPA

of any complaint about noise generated by the construction and/or

operation of the Development the Company shall carry out

investigations to establish the justification, or otherwise, of the

complaint, the likely cause and possible remedial measures. A

written report to the complainant, copied to the LPA, shall be made

as soon as reasonably practicable following the investigation and/or

remedial work. The Company shall keep all such reports in

an appropriate file and such file shall be made available to the LPA

on request.

Reason: To ensure that any complaints on the grounds of noise are

properly dealt with so as to reduce the impact of the Development

on local residents.

SuDS



to, approved in writing by, and deposited with the LPA, in

consultation with the Environment Agency, a scheme for SuDS.

Such SuDS shall include the details and measures contained in the

document entitled “Gateway Energy Centre Supplementary Flood

Risk Assessment December 2010” and identified on FRA FIGURE

1 of that document and be put in place in accordance with the

approved scheme.

Reason: To ensure that a sustainable drainage system is put in

place.

Prevention of Contamination of Watercourses



to, approved in writing by, and deposited with the LPA, in

consultation with the Environment Agency, a scheme showing the

method and working of drainage facilities on the Site. Such

facilities shall be put in place in accordance with the approved

scheme.

(36) The scheme referred to in Condition (35) shall include:

(i) measures to ensure that no leachate or any contaminated

surface water from the part of the Site relevant to the

particular phase shall be allowed at any time to enter directly

or indirectly into any watercourse or underground strata or

onto adjoining land;

(ii) provision for trapped gullies in car parks, hardstandings and

roadways;

(iii) measures to ensure that all foul sewage drains to an approved

foul sewerage and/or sewage disposal system, or be removed

to an off-Site licensed facility for treatment;

(iv) provisions to distinguish between temporary and permanent

parts of the works; and

(v) phasing of works.

(37) Any surface water contaminated by hydrocarbons which are used

during the construction of the Development shall be passed through

oil/grit interceptor(s) prior to being discharged to any public sewer

or watercourse or to any other surface water disposal system

approved by the Environment Agency.

(38) All facilities required for the storage of hydrocarbons, process

chemicals or similar liquids which are used during the construction

of the Development must be sited on impervious bases and

surrounded by impervious bund walls. The size of the bunded

compound(s) shall be at least equivalent to the capacity of the

largest tank plus 10%. All filling points, vents and sight glasses

must be located within the bund and there must be no drain through

the bund floor or walls.

(39) All bunded compound(s) referred to in Condition (38) containing

acids, alkalis or sulphides in addition to being contained in suitable

facilities shall have appropriate protective lining applied to the

inner walls of the bunds.

(40) Any storage facility to which Conditions (38) or (39) refer shall be

completed in accordance with the requirements of those Conditions

before being brought into use.

Reason: To ensure proper drainage of the Site and that proper

containment facilities are built.

Flood Risk

(41) The Development shall be carried out in accordance with the

details and measures contained in the document entitled “Gateway

Energy Centre Supplementary Flood Risk Assessment December

2010” and shall include for the provision of safe route(s) into and

out of the Site and for any place of refuge for Site staff or visitors

to be provided at a minimum of 3.7 metres AOD, the details of

which shall be submitted to and approved in writing by the LPA.

Reason: To ensure there is no increase in the risk of flooding, both

at the Site and to third parties, as result of the Development, and to

accord with Planning Policy Statement 25 “Development and

Flood Risk”.

Archaeology

(42) The commencement of the Development shall not take place until

there has been submitted to, approved in writing by, and deposited

with the LPA, a scheme of archaeological investigation and an

associated implementation programme.

(43) The scheme approved pursuant to Condition (42) shall provide for:

(i) archaeological field evaluation works in accordance with a

specification and written timetable approved by the LPA;

(ii) archaeological field evaluation works to be completed and

reported on prior to finds of national importance being

evaluated and, where practicable, preserved in

situ; and

(iii) phasing of works.

(44) Any further investigations and recording of such finds as are

considered necessary by the LPA shall be undertaken prior to the

construction of any part of the Development on that part of the Site

where such finds are identified, and in the case of finds of national

importance in accordance with the phasing of works approved

pursuant to Condition (43)(iii), unless otherwise except in so far as


Reason: To allow the surveying of the site for archaeological

artefacts and the recovery of any important archaeological

discovery before construction of the main Development begins.

Contamination

(45) The commencement of the development shall not take place until a

scheme to deal with the risks associated with contamination of the

Site has been submitted to, approved in writing by, and deposited

with the LPA. The scheme shall include details of the following

matters:

(a) a preliminary risk assessment identifying · all previous uses

potential contaminants associated with those uses

a conceptual model of the site indicating sources, pathways

and receptors

potentially unacceptable risks arising from contamination at

the site;

(b) a site investigation scheme based on (a) to provide

information for an assessment of the risk to all receptors that

may be affected, including those off-Site; and

(c) the results of the Site Investigation and risk assessment

pursuant to (b) and a method statement based on those results

giving full details of the remediation measures required, how

they are to be undertaken and the timing of the remediation

measures; and

(d) a verification plan providing details of the data that will be

collected in order to demonstrate that the works set out in (c)

are complete and identifying any requirements for longer-

term monitoring of pollutant linkages, maintenance and

arrangements for contingency action.

(46) The measures approved pursuant to Condition (45) shall be

adhered to except in so far as any variation to them has been


(47) Prior to commencement of the main Development, a verification

report demonstrating completion of the works set out in the

approved remediation strategy pursuant to Condition (45)(c) and

the effectiveness of the remediation shall be submitted to and

approved, in writing, by the LPA. The report shall include results

of sampling and monitoring carried out in accordance with the

approved verification plan to demonstrate that the Site remediation

criteria have been met. It shall also include any plan for longerterm

monitoring of pollutant linkages, maintenance and arrangements

for contingency action, as identified in the verification plan, and for

the reportng of this to the LPA.

(48) Reports on monitoring, maintenance and any contingency action

carried out in accordance with a long-term monitoring and

maintenance plan shall be submitted to the LPA in accordance with

that plan. On completion of the monitoring programme a final

report demonstrating that all long-term Site remediation criteria

have been met and documenting the decision to cease monitoring

shall be submitted to and approved in writing by the LPA. In the

event that the verification report to be submitted pursuant to

Condition (47) indicates that the remediation was not effective the

Company shall submit a programme of contingency action for

approval in writing by the LPA.

(49) In the event that contamination is found at any time when carrying

out the approved development that was not previously identified

under Condition (45), work on that part of the Site shall cease

immediately and shall be reported in writing to the LPA. A Desk

Study, Site Investigation, Risk Assessment and where necessary a

Remediation Strategy in respect of such contamination must be

undertaken and submitted to and approved in writing with the LPA

prior to the resumption of work on that part of the Site.

Reason: To ensure that contamination is controlled and not allowed

to cause harm to the health of human beings nor impact on the

integrity of environmentally sensitive areas nor pose a risk to

controlled waters.

Landscaping

(50) Except for Permitted Preliminary Works the commencement of

Development shall not take place until a scheme of landscaping,

which shall take into account sections 11 and 12 of the document

entitled “ Gateway Energy Centre Environmental Statement

Volume 1 February 2010” has been submitted to and approved in

writing by the LPA.

(51) The scheme referred to in Condition (50) shall deal with the

general provision of screening, shrub and tree planting and grassed

areas and means of integrating the Development with the

surrounding landscape and shall include details of the following

matters:

(i) planting (which should be mainly of locally native species,

ideally with a local provenance);

(ii) management of existing and new planted areas including

protection of existing planting during construction;

(iii) restoration of areas affected by construction works;

(iv) details of grass seed mix for areas of the Site to be restored to

grassland;

(v) details of the height, type, size and species of the shrubs and

trees to be planted; and

(vi) phasing of works included in the scheme.

(52) The landscaping and planting, including grass sowing, shall take

place in accordance with the phasing of works referred to in

Condition (51)(vi) and no later than the appropriate planting or

sowing season following the completion of the construction of the

Development and shall be carried out in accordance with the

scheme approved under Condition (50), unless any variation has

been approved in writing by the LPA. Any trees or shrubs,

including hedges, which die, become seriously damaged or

diseased or are removed within five years from the date of planting

shall be replaced in the next planting season with others of a

similar size and species, unless otherwise approved in writing by

the LPA.

(53) Upon completion of the scheme of landscaping approved pursuant

to Condition (50) a schedule of landscape maintenance and/or a

landscape management plan shall be submitted for approval in

writing by the LPA. The measures contained in the approved

schedule and/or plan shall be adhered to throughout the operation

of the Development subject to any variation that has been approved

in writing by the LPA.

Reason: To ensure proper landscaping for the Development.

Biodiversity Enhancement Measures

(54) The commencement of the Development shall not take place until a

scheme of Environmental Enhancement Measures (incorporating a

management plan), which shall take into account section 12 of the

document entitled “Gateway Energy Centre Environmental

Statement Further Information Document December 2010, has

been submitted to and approved in writing by the LPA, in

consultation with Natural England and the Environment Agency.

The approved measures shall be adhered to in accordance with the

approved scheme except in so far as any variation to them has been

approved in writing by the LPA, in consultation with Natural

England and the Environment Agency.

Reason: To ensure that any adverse impact on wildlife is properly

compensated for.

Air Pollution Monitoring


there has been submitted to, approved in writing by and deposited

with the LPA a scheme for the monitoring of nitrogen oxide (NOx)

in the area. The scheme shall include the measurement location or

locations from which air pollution will be monitored, the

equipment and methods to be used and the frequency of

measurement. The scheme shall provide for the first measurement

to be taken not less than 24 months prior to the commissioning of

the Development and for the final measurement to be taken not

more than 24 months after the Development is commissioned. The

Company shall work with the LPA, supplying full details of the

measurements obtained in accordance with the scheme, as soon as

possible after they become available, and ensure that such

monitoring is integrated within the LPA's air quality strategy. In

addition, the Company shall support the annual modelling for the

air quality review and assessment process whilst the Development

is in operation.

Reason. In the interest of air quality.

Decommissioning Management Plan for the Site

(56) Within 6 months of the Development ceasing to be used for the

purposes of electricity generation the Company shall submit to the

LPA, for approval in writing, a scheme for the demolition of the

Development.

(57) The scheme referred to in Condition (56) shall include:

(i) details of all structures and buildings which are to be

demolished;

(ii) details of the means of removal of materials resulting from

the demolition;

(iii) the phasing of the demolition and removal;

(iv) details of any proposed restoration works; and

(v) the phasing of the restoration works.

Reason: To ensure the Site is not allowed to become derelict after

the cessation of electricity generation.

Use of Waste Heat


sufficient plant and pipework has been installed to facilitate the

future supply of heat to the boundary of the Site under Condition

(59) at a later date if opportunities to do so are identified pursuant

to Condition (59).

Reason: To ensure that waste heat is available for use to the

benefit of the local domestic, commercial and industrial users

when the demand arises.

(59) Prior to the commissioning of the Development, an updated CHP

Feasibility Review assessing potential opportunities for the use of

heat from the Development shall be submitted to, approved in

writing by, and deposited with, the LPA. This shall provide for the

ongoing monitoring and full exploration of potential opportunities

to use heat from the Development as part of a Good Quality CHP

scheme (as defined in the CHPQA Standard issue 3), and for the

provision of subsequent reviews of such opportunities as necessary.

Where viable opportunities for the use of heat in such a scheme are

identified, a scheme for the provision of the necessary plant and

pipework to the boundary of the site shall be submitted to,

approved in writing by, and deposited with, the LPA. Any plant and

pipework installed to the boundary of the Site to enable the use of

heat shall be installed in accordance with the approved details.

Reason: To ensure that waste heat is available for use to the

benefit of the local domestic, commercial and industrial users

when the demand arises.

Immaterial Changes to Conditions by the Council

(60) Where the words, “unless otherwise agreed in writing by the

Council” or “with the prior written approval of the Council”

appear, such agreement or approval may only be given in relation

to immaterial changes where it has been demonstrated to the

satisfaction of the Council that the agreement or approval is


environmental effects from those assessed in the environmental

statement.

Reason: To make clear that where provision is made for the

Council to agree to variations to the application of planning

conditions, the scope of any such variations will be limited to

immaterial changes.

Environmental Statement

(61) The environmental effects of the Development must not exceed those

assessed in the Environmental Statement.

Reason: To ensure that the development consented has no greater

environmental impact than that considered in the original

application dated 26 February 2010, December 2010, as varied by

the application dated 12August 2014 4 August 2011 and the

variation application of 25 February 2016 7 May 2015.

Date: [Insert date of Variation]

Giles Scott

Head Development

Consents and Planning

Reform Department of

Energy and Climate

Change

our ref: 01 · 2019-11-13 · our ref: 01.08.10.04/462c variation of consent under section 36c of...

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